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Group Title: West Indies gazette
Title: The West Indies gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076857/00143
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: June 17, 1960
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00143
Source Institution: University of Florida
Holding Location: University of Florida
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Resource Identifier: ltuf - ABV7930
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Table of Contents
    Main
        Page 43
        Page 44
    Legal Supplement
        B-33
    Legal Supplement: pt. 2 Statutory Instruments (No. 8 of 1960): The Defence (Retired Pay, Pensions and Other Grants) (Amendment) Regulations, 1960
        B-34
        B-35
        B-36
        B-37
        B-38
        B-39
        B-40
        B-41
        B-42
Full Text

























THE WEST INDIES GAZETTE


Vol. 3 FRIDAY 17th JUNE, 1960. No. 19


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS
TABLE OF CONTENTS
No.
8 of 1960 The Defence (Retired Pay, Pensions and Other
Grants) (Amendment) Regulations. 1960


Page


s~U~~'~








The Defence (Retired Pay, Pensions and Other Grants)
34 (Amendment) Regulations, 1960


THE WEST INDIES


STATUTORY tl a; ENT No. 8 of 1960

THE DEFENCE (RETIRED PAY, PENSIONS AND OTHER
GRANTS) (AMENDMENT) REGULATIONS, 1960

Made by the Governor-General under section 221 of the Defence Act,
1958.

ARRANGEMENT OF REGULATIONS

Regulation
1. Citation and commencement.
2. Amendment of Regulation 2 of Principal Regulations.
3. Amendment of Regulation 8 of Principal Regulations.
4. Insertion of new Regulation 8A in Principal Regulations.
5. Amendment of Regulation 9 of Principal Regulations.
6. Amendment of Regulation 10 of Principal Regulations.
7. Addition of Part IV to Principal Regulations.



His Excellency the Governor-General, in exercise of the
Cap. 101. powers conferred upon him by section 221 of the Defence Act, 1958,
and of all other powers him thereunto enabling in that behalf hereby
makes the following Regulations.

Citation 1. (1) These Regulations may be cited as the Defence (Retired
and
commence- Pay, Pensions and Other Grants) (Amendment) Regulations, 1960, and
ment. shall be read as one with the Defence (Retired Pay, Pensions and Other
Grants), Regulations, 1958, contained in the Fifth Schedule to the
Defence Act, 1958, and hereinafter referred to as the Principal Regula-
tions.

(2) These Regulations shall be deemed to have come into opera-
tion on the 15th day of February, 1960.

Amendment 2. Regulation 2 of the Principal Regulations is hereby amended
of regula- by the deletion of the definition of "officer on the active list" appearing
tion 2 of
Principal therein and by the substitution therefore of the following:-
Regulations. "on the active list" when used in relation to an officer means
an officer of the regiment before his retirement and does
not include an officer who is a member of the reserve of
officers, and when used in relation to a soldier means a soldier









Defence (Retired Pay, Pensions and Other Grants)
(Amendment) Regulations, 1960 35

of the regiment engaged on a term of colour service and
does not include a soldier who has been discharged or trans-
ferred to the reserve."

3. Regulation 8 of the Principal Regulations is hereby amended Amendment
by the deletion of the following words appearing in sub-paragraph (b) of regula-
of paragraph (1) thereof:- Princi
"or to any term of imprisonment". Regulations.

4. The Principal Regulations are hereby amended by the inser- Insertion of
tion immediately after regulation 8 thereof of the following new regula- new regula-
tion :- tion 8A in
Principal
"Retired 8A (1) If any person to whom retired pay, pension or otherRegulations.
pay, etc. to grant has been awarded under these Regulations is sentenced
cease on
imprison- to any term of imprisonment by any court of competent
ment. jurisdiction whether in the Federation or elsewhere, for any
crime or offence, such retired pay, pension or other grant
shall, if the Governor-General so directs, cease as from such
date as the Governor-General determines.

(2) Where any retired pay, pension or other grant ceases
by reason of this regulation the Governor-General may from
time to time during the remainder of the life of such person
or during such shorter period or periods either continuous
or discontinuous as he shall think fit, direct all or any part
of the moneys to which such person would,have been entitled
by way of retired pay, pension or other grant had he not been
sentenced as aforesaid to be paid to, or applied for the main-
tenance and personal support of, all or any to the exclusion
of the other or others, of the following persons, namely, such
person himself and any wife, child or children of his in such
proportion and manner as the Governor-General thinks proper
and such moneys shall be paid or applied accordingly.

(3) If such person after conviction at any time receives
a free pardon, the retired pay, pension or other grant shall be
restored with retrospective effect; but in determining whether
arrears of such retired pay, pension or other grant are pay-
able to such person and in computing the amount thereof,
account shall be taken of all moneys paid or applied under
the preceding paragraph."

5. Regulation 9 of the Principal Regulations is hereby amended Amendment
in the following respects of regula-
tion 9 of
(1) by the deletion of paragraphs (1) and (3) thereof; Principal
Regulations.
(2) by the re-numbering of paragraph (2) thereof as paragraph
(1); and








The Defence (Retired Pay, Pensions and Other Grants)
36 (Amendment) Regulations, 1960

(3) by the insertion immediately after the paragraph so re-
numbered (1) of the following paragraphs:-
"(2) If any person is adjudicated a bankrupt or is declared
insolvent as aforesaid either -
(a) after retirement in circumstances in which he is
eligible for any retired pay, pension or other grant under
these Regulations but before such retired pay, pension
or other grant is awarded; or
(b) before such retirement, and he shall not have obtained
his discharge from the bankruptcy or insolvency at the
date of his retirement,
then, in the former case any retired pay, pension or other
grant eventually awarded to him shall cease as from the
date of the adjudication or declaration as the case may be
and, in the latter case, the retired pay, pension or grant may
beawarded, but shall cease forthwith and not become payable.
(3) Where any retired pay, pension or other grant ceases
by reason of this regulation, the Governor-General may direct
all or any part of the moneys to which such person would
have been entitled by way of retired pay, pension or other
grant, had he not become a bankrupt or insolvent, to be paid
or applied in the same manner in all respects as prescribed
in the last preceding regulation and upon such direction such
money shall be paid or applied accordingly; moneys applied
for the discharge of the debts of such person shall, for the
purpose of this paragraph, be regarded as applied for his
benefit."
Amendment 6. Regulation 10 of the Principal Regulations is hereby amended
of regula- by the insertion immediately before the words "these Regulations"
tion 10 of
Principal appearing therein of the following words and figures -
Regulations. "Part II or III of".

Addition of 7. The Principal Regulations are hereby amended by the addition
Part IV to thereto immediately after Part III thereof of the following Part:-
Principal-
Regulations. Part IV Deendants

Gratuity 34. (1) Where an officer or soldier on the active list dies,
iere an the Governor-General may grant to his legal personal repre-
soldier on tentative a gratuity of an amount whichever of the following
the active is greater -
list dies or
where an (a) three hundred and sixty-five days pay at the average
officer or rate in issue to the officer or soldier, as the case may be,
sldieter over the three years immediately preceding the date of
retirement death;
or discharge. (b) any terminal grant or gratuity which would have
been awarded to him under these Regulations if he had
been invalided from the regiment at the date of his death:









The Defence (Retired Pay, Pensions and Other Grants)
(Amendment) Regulations, 1960 37

Provided that no gratuity shall be payable under this
paragraph in respect of a soldier unless such soldier shall
have completed at least four years reckonable service or
shall have died as a direct result of an injury received,
or a disease contracted, in the circumstances set out in
sub-paragraph (a) or (b), as the case may be, of paragraph
(1) of regulation 35 of these Regulations.

(2) Where an officer or soldier dies after retirement or
discharge from the regiment having been granted or having
become eligible for retired pay or pension, as the case may
be, under these Regulations and the total of all the sums
paid or payable to him at the date of his death on account
of any retired pay, pension, terminal grant or gratuity
awarded to him under these Regulations is less than an
amount equal to three hundred and sixty-five days pay at the
rate in issue to the officer or soldier at the date of his retire-
ment or discharge, as the case may be, the Governor-General
may grant to his legal personal representative a gratuity
equal to the deficiency.

(3) The Governor-General may in any case where the
amount of the gratuity payable hereunder does not exceed
the sum of five hundred dollars, dispense with the production
of probate or letters of administration and cause the gratuity
to be paid to the dependant or dependants of the officer or
soldier, as the case may be, and, where there is more than
one such dependant, may divide the gratuity among the
dependants in such proportion as he may think fit.

Pension to 35. (1) Where an officer or soldier on the active list--
dependants
where an (a) is injured in the actual discharge of his duty by
officer or
soldier on some injury specifically attributable to the nature
the active of his duty which is not wholly or mainly due to,
list dies as or seriously aggravated by, his own serious and
a result of culpable negligence or misconduct; or
injuries
received or
disease (b) contracts a disease to which he is exposed by the
contracted nature of his duty, not being a disease wholly or
in the mainly due to, or seriously aggravated by, his own
discharge serious and culpable negligence or misconduct, and
duties, dies as a direct result thereof, and such death
occurs within seven years of the date when he was
injured or contracted the disease, the Governor-
General may grant, in addition to the grant, if any,
made to his legal personal representative under
regulation 34 of these Regulations -
(i) if the deceased officer or soldier leaves a
widow, a pension to her, while unmarried at
a rate not exceeding sixty-one days pay at









The Defence (Retired Pay, Pensions and Other Grants)
38 (Amendment) Regulations, 1960

the average rate in issue to the officer or
soldier, as the case may be, for the three
years immediately preceding the date when
he was injured or contracted the disease or
ninety-six dollars a year, whichever is the
greater;

(ii) if the deceased officer or soldier leaves a
widow to whom a pension is granted under
the preceding sub-paragraph (i) and a child
or children, a pension in respect of each child,
until such child attains the age of 19 years,
of an amount not exceeding one-eighth of
the pension prescribed under the preceding
sub-paragraph (i);

(iii) if the deceased officer or soldier leaves a
child or children, but does not leave a widow,
or no pension is granted to the widow, a
pension in respect of each child, until such
child attains the age of 19 years, of double
the amount prescribed by the preceding sub-
paragraph (ii);

(iv) if the deceased officer or soldier leaves a
child or children and a widow to whom a
pension is granted under sub-paragraph (i)
of this paragraph, and the widow subse-
quently dies, a pension in respect of each
child as from the date of the death of the
widow until such child attains the age of 19
years, of double the amount prescribed in
sub-paragraph (ii) of this paragraph;

(v) if the deceased officer or soldier does not
leave a widow, or if no pension is granted
to his widow and if his mother was wholly
or mainly dependant on him for her support,
a pension to the mother of an amount not
exceeding the pension which might have been
granted to his widow;

(vi) if the deceased officer or soldier does not
leave a widow or mother, or if no pension is
granted to his widow or mother, and if his
father was wholly or mainly dependant on
him for his support, a pension to the father
of an amount not exceeding the pension
which might have been granted to his
widow;









The Defence (Retired Pay, Pensions and Other Grants)
(Amendment) Regulations, 1960 39

(vii) if the deceased officer or soldier does not
leave a child or children who is or are
eligible for a pension under the provisions
of this regulation, and if any brother or
sister was wholly or mainly dependent on
him for support, a pension to any such
brother or sister until he or she attains the
age of 19 years, of the same amount and sub-
ject to the same conditions as the pension
which might have been granted under sub-
paragraph (ii), (iii) or (iv) of this paragraph,
as the case may be:

Provided that -
(a) if in the opinion of the Governor-General there are com-
passionate grounds for so doing, he may grant to any
child of a deceased officer or soldier being a child who
at the date of the death of such officer or soldier was
wholly or mainly dependent on him for support and who
has attained the age of 19 years a pension for such period
as the Governor-General may determine, of an amount
not exceeding the pension which may be granted under
sub-paragraph (ii), (iii) or (iv) of this paragraph, as the
case may be;
(b) where a deceased officer or soldier leaves a child who
was incapacitated at the time of the death of such officer
or soldier (hereinafter in this regulation referred to as
an "incapacitated child") the Governor-General may,
notwithstanding any pension which may have been
granted under sub-paragraph (ii), (iii) or (iv) of this
paragraph grant an additional pension in respect of such
incapacitated child after he has attained the age of 19
years and so long as his incapacity shall continue, of an
amount not exceeding one-half the pension which might
have been granted under sub-paragraph (ii), (iii) or (iv)
aforesaid, as the case may be;
(c) where compensation in respect of the death is payable
under any law in force in the Federation which provides
for the payment of workmen's compensation or where
benefits corresponding to benefits granted under this
regulation are payable under the Overseas Superannuation
Scheme or under the law in force in respect of any other
public service in respect of death, the Governor-General
may reduce or withhold any pension which may be pay-
able under this regulation in such manner as he may
consider reasonable;
(d) no pension shall be payable under this regulation at any
time in respect of more than six children exclusive of
incapacitated children and where there are more than









The Defence (Retired Pay, Pensions and Other Grants)
40 (Amendment) Regulations, 1960

six such children, in respect of whom, but for this pro-
viso, a pension would be payable, then the amount payable
in respect of six children shall be divided equally among
all such children during the period in which there are
more than six children of pensionable age;

(e) in the case of a pension granted under sub-paragraph
(v), (vi) or (vii) of this paragraph, if it appears to the
Governor-General, or if such person is not resident in the
Federation, the Secretary of State, at any time that the
mother or father, or any brother or sister, is adequately
provided with other means of support, such pension shall
cease as from such date as the Governor-General or the
Secretary of State as the case may be, may determine.

(2) If an officer or soldier proceeding by a route approved by
the Governor-General to or from the Federation, or from
one island in the Federation to another, at the commence-
ment or termination of his service in the regiment, or
for a period of secondment, duty leave or leave therefrom,
dies as a result of damage to the vessel, aircraft or vehicle
in which he is travelling, or of any act of violence
directed against such vessel, aircraft or vehicle and the
Governor-General is satisfied that such damage or act
is attributable to circumstances arising out of war in
which Her Majesty may be engaged, such officer or
soldier shall be deemed, for the purposes of this regula-
tion, to have died as a result of the circumstances
described in sub-paragraph (a) of paragraph (1) of this
regulation.

(3) An officer or soldier who dies as a result of an injury
received while travelling by air in pursuance of official
instructions, which injury is not wholly or mainly due to,
or seriously aggravated by, his own serious and culpable
negligence or misconduct, shall be deemed for the
purposes of this regulation to have died in the circum-
stances described in sub-paragraph (a) of paragraph (1)
of this regulation:

Provided that in such a case the rates of pension
prescribed in sub-paragraphs (i) and (ii) of paragraph
(1) of this regulation shall be ninety-one days pay at the
prescribed rate and one-sixth of the prescribed pension
respectively.

(4) (a) Where the Governor-General is satisfied that
damages have been or will be recovered in respect
of the death for which a pension may be granted









The Defence (Retired Pay, Pensions and Other Grants)
(Amendment) Regulations, 1960 41

under this regulation, the IGovernor-General may
take those damages into account against such pension
in such manner and to such extent that he may think
fit and may withhold or reduce the pension accord-
ingly.

(b) For the purposes of this sub-paragraph damages shall be
deemed to be recovered whether they are paid in pursuance of
a judgment or order of a court or by way of settlement or com-
promise of a claim and whether or not proceedings are instituted
to enforce that claim.

(5) For the purposes of this regulation the following words
have, in relation to an officer or soldier, the meanings
hereby respectively assigned to them -

(a) "brother" includes, in relation to a person, every male
child of his father or his mother;

(b) "child" includes -

(i) a posthumous child;

(ii) a step-child or illegitimate child born before the
date of the injury or contracting the disease, as the
case may be, and wholly or mainly dependant upon
the deceased officer or soldier for support; and

(iii) an adopted child, adopted in a manner recognized by
law, before the date of the injury or contracting the
disease, as the case may be, and dependant as afore-
said;

(c) "incapacitated" means in relation to a child, incapable by
reason of some specific bodily or mental disability of
earning his own living, and a child, who is in any event
too young to earn his own living shall be treated as
incapacitated for the purposes of this regulation if it
appears that, by reason of any specific bodily or mental
disability, he will be incapable of earning his own living
when he attains the age at which he would otherwise be
capable of doing so;

(d) "father" includes, in relation to a person, a step-father
and a male person by whom he has been adopted;

(e) "mother" includes, in relation to a person, a step-mother
and a female person by whom he has been adopted;









The Defence (Retired Pay, Pensions and Other Grants)
42 (Amendment) Regulations, 1960


(f) "sister" includes, in relation to a person, every female child
of his father or his mother."


Made this 12th day of May, 1960.


By Command,


M. S. STAVELEY,
Secretary to the Governor-General.


Printed by Yuille's Printerie Limited, Trinidad,
by authority of the Government of The West Indies.




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